Legal Research
Legislations
Taxation Administration Act 1953 – Provision of further time for lodgment of the 2013 Minerals Resource Rent Tax (MRRT) Return – Non-Payers Instrument (No.1) 2012

Taxation Administration Act 1953 – Provision of further time for lodgment of the 2013 Minerals Resource Rent Tax (MRRT) Return – Non-Payers Instrument (No.1) 2012

Administered by Department of the Treasury

Legislation au F2012L01581 Not in force Legislative Instrument

Select Document

Taxation Administration Act 1953 –

Provision of further time for lodgment of the 2013 Minerals Resource Rent Tax (MRRT) Return – Non-Payers Instrument (No.1) 2012

Explanatory Statement

General Outline of Instrument

This instrument is made under paragraph 117-5(5)(a) of Schedule 1 to the Taxation Administration Act 1953 (TAA).
This instrument gives entities that are required to lodge an MRRT return for the 2013 MRRT year and who are not liable to pay a positive amount of MRRT for the 2013 MRRT year further time to lodge that MRRT return. They will be given until the first day of the twelfth month following the end of the 2013 MRRT year to lodge their 2013 MRRT return.
The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Date of effect

4. This instrument is taken to have commenced on the day after registration.

What is this instrument about:

5. The purpose of this instrument is to allow entities that are required to lodge an MRRT return for the 2013 MRRT year and who are not liable to pay a positive amount of MRRT for that year further time to lodge that MRRT return by giving them until the first day of the twelfth month following the end of the 2013 MRRT year to lodge that return.

What is the effect of this instrument:

6. The effect of this instrument is that entities covered by the instrument will have until the first day of the twelfth month following the end of that MRRT year to lodge their MRRT return.

7. Compliance cost impact: Low. An assessment of the compliance cost impact indicates that the impact will result in a low overall impact, comprising a low implementation impact and a low decrease in ongoing compliance costs.

Background:

8. Paragraph 117-5(5)(a) of Schedule 1 to the TAA provides that the Commissioner may, by legislative instrument, determine a further period within which a class of entities may provide an MRRT return for an MRRT year.

9. Industry members expressed the need for more time to familiarise themselves with MRRT and put measures in place to collect and consider the information required to prepare the MRRT return as well as the starting base return.

10. This instrument will provide entities with further time to lodge their 2013 MRRT return in order to:

provide more time for them to set up their new systems for MRRT
allow more time to obtain valuations for starting base assets, which may be an input into their MRRT return
ease a resourcing issue for in‑house tax functions and practitioners by allowing them to spread lodgement timing for the first year away from the due dates for lodgement of their income tax returns an other statutory returns
ease the compliance burden for entities that are not liable to pay MRRT

11. It is good administrative practice to have the MRRT return for one year lodged and processed prior to the end of the following MRRT year. This determination to allow entities a further period of six months to lodge their MRRT return has been made in recognition of sound administration and the factors affecting the circumstances of entities that are not liable to pay a positive amount of MRRT.

Consultation:

12. Consultation occurred with the National Tax Liaison Group Resource Rent Tax Sub-committee. The committee’s membership includes representatives of the major tax, law and accounting associations, representatives of resource industry associations and the ATO.

13. Some additional consultation occurred in discussions with entities, tax professionals and at industry forums. Wider consultation was not considered necessary given the scope of this instrument, that is its application to entities who are members of the mining industry, its impact and that it is providing a concession provided for by the MRRT law.

Statement of compatibility with human rights

14. This statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Taxation Administration Act 1953: Provision of further time for lodgment of the 2013 Minerals Resource Rent Tax (MRRT) Return – Non-Payers Instrument (No.1) 2012

15. This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of this instrument

16. This instrument gives entities that are required to lodge an MRRT return for the 2013 MRRT year and who are not liable to pay a positive amount of MRRT for the 2013 MRRT year (relevant entities) an additional six months to lodge their MRRT return.

17. Relevant entities are being given further time to lodge their 2013 MRRT returns to allow them to set up their new systems for MRRT, obtain valuations for starting base assets and ease resourcing issues for in‑house tax functions and practitioners. It will therefore ease the compliance burden of these entities who are not liable to pay MRRT.

18. Consultation has been undertaken in determining the further time to allow relevant entities to lodge their 2013 MRRT returns.

Human rights implications

19. This instrument does not engage any of the applicable rights or freedoms.

Conclusion

20. This instrument is compatible with human rights as it does not raise any human rights issues.

Stephanie Martin

Deputy Commissioner of Taxation

17 July 2012

Legislative references:

Minerals Resource Rent Tax Act 2012

Taxation Administration Act 1953

Human Rights (Parliamentary Scrutiny) Act 2011

Legislative Instruments Act 2003

Overview

The Taxation Administration Act 1953 – Provision of further time for lodgment of the 2013 Minerals Resource Rent Tax (MRRT) Return – Non-Payers Instrument (No.1) 2012 was enacted to address the need for additional time for certain entities to lodge their MRRT returns for the 2013 year. This instrument was made under the authority of the Taxation Administration Act 1953, and it extends the deadline for non-payers of MRRT to lodge their returns by providing them with an additional six months from the original due date. The primary policy objective of this instrument is to alleviate the compliance burden on entities that are not liable to pay a positive amount of MRRT by allowing them more time to establish necessary systems, obtain required valuations, and manage their internal resources effectively. This extension is intended to facilitate better administration and to take into account the specific circumstances of these entities.

Scope and Application

The Taxation Administration Act 1953 – Provision of further time for lodgment of the 2013 Minerals Resource Rent Tax (MRRT) Return – Non-Payers Instrument (No.1) 2012 provides additional time for certain entities to lodge their MRRT returns for the 2013 MRRT year. Specifically, the instrument applies to entities that are required to lodge an MRRT return for the 2013 MRRT year but are not liable to pay a positive amount of MRRT for that year. These entities are granted an extension until the first day of the twelfth month following the end of the 2013 MRRT year to lodge their returns. The instrument aims to alleviate the compliance burden for these entities by providing them more time to set up their new systems for MRRT, obtain valuations for starting base assets, and ease resourcing issues for in-house tax functions and practitioners. This instrument is made under the authority provided by the Taxation Administration Act 1953 and is compatible with human rights as it does not engage any of the applicable rights or freedoms. The instrument is applicable nationally, and its effects are implemented in accordance with the Legislative Instruments Act 2003.

Key Provisions

The Taxation Administration Act 1953 – Provision of further time for lodgment of the 2013 Minerals Resource Rent Tax (MRRT) Return – Non-Payers Instrument (No.1) 2012 grants eligible entities an extended period to lodge their 2013 MRRT return. Specifically, entities that are required to lodge an MRRT return for the 2013 MRRT year but are not liable to pay a positive amount of MRRT for that year are given until the first day of the twelfth month following the end of the 2013 MRRT year to lodge their return (sections 16 and 17). This additional time is intended to allow these entities to set up new systems for MRRT, obtain valuations for starting base assets, and ease resourcing issues for their in-house tax functions and practitioners. The Act imposes specific obligations on the entities it governs. These entities must ensure that they lodge their 2013 MRRT return by the extended deadline, which is the first day of the twelfth month following the end of the 2013 MRRT year (section 16). This obligation is designed to ease the compliance burden for entities that are not liable to pay MRRT. Additionally, the entities must use this additional time to address any administrative or resource challenges related to the new tax regime, such as setting up new systems and obtaining necessary valuations. Failure to comply with the provisions of this Act can result in consequences for the entities involved. While the explanatory statement does not explicitly detail the penalties for non-compliance, it is reasonable to infer that penalties could be applied under the Taxation Administration Act 1953 for failing to lodge returns on time. Typically, such penalties can include fines and other administrative sanctions. However, the specific penalties for this particular Act are not outlined in the provided explanatory statement. It is advisable for entities to consult the full Act or seek legal advice to understand the precise penalties and consequences for non-compliance.

Area of Law: Taxation Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Transitional Provisions; Compliance Obligations

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content